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FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 26, 2015 FBO #5024
SOLICITATION NOTICE

66 -- Microfluidic Flow Measurement System

Notice Date

8/24/2015
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

334516 — Analytical Laboratory Instrument Manufacturing
 

Contracting Office

Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services - Rockville, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001, United States
 

ZIP Code

20857-0001
 

Solicitation Number

FDASOL1151657
 

Archive Date

9/17/2015
 

Point of Contact

Howard S. Yablon, Phone: 2404027630
 

E-Mail Address

howard.yablon@fda.hhs.gov
(howard.yablon@fda.hhs.gov)
 

Small Business Set-Aside

N/A
 

Description

PART 1 - INTRODUCTION The Food and Drug Administration (FDA) CDRH division has a requirement for one (1) brand name or equal microfluidic flow measurement system that shall be compatible with the FDA's existing LaVision PIV system with 4, one year service maintenance option year periods. The scientific instrument shall be delivered, installed with on-site familiarity training at our White Oak Campus, 10903 New Hampshire Avenue, Silver Spring, MD 20993. (For salient characteristics of FDA's existing LaVision PIV system, see Part 3, second bullet, of this solicitation). This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, (STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. The solicitation is issued as a Request for Quote (RFQ), using the Simplified Acquisitions Procedures of FAR 13. The solicitations document/incorporated provisions and clauses are those in effect through the current Federal Acquisition Circular: FAC 2005-83 The associated North American Industry Classification System (NAICS) Code is 334516: Analytical Laboratory Instrument Manufacturing Size Standard, 500 employees. This acquisition is full and open competition.. Contract Type: Commercial Item: Firm Fixed Price, FOB DESTINATION PART 2 - PRICES/COST CLIN # DESCRIPTION EACH PRICE/EACH TOTAL 0001 MICROFLUIDIC FLOW MEASUREMENT SYSTEM 1 EA $ $ 0002 OPTION YEAR 1, SERVICE MAINTENANCE AGREEMENT 1 EA $ $ 0003 OPTION YEAR 2, SERVICE MAINTENANCE AGREEMENT 1 EA $ $ 0004 OPTION YEAR 3, SERVICE MAINTENANCE AGREEMENT 1 EA $ $ 0005 OPTION YEAR 4, SERVICE MAINTENANCE AGREEMENT 1 EA $ TOTAL TOTAL CONTRACT VALUE $ PART 3 -STATEMENT OF WORK Salient Characteristics of Microfluidic Flow Measurement System • Must be a new system, not used or refurbished • Salient Characteristics of FDA's existing LaVison PIV system (characteristics of LaVision PIV system):  Laser: Solo III PIV (or Solo I PIV)  ND-YAG Double pulsed laser (with energy up to 150ml, repetition frequency 11-15 Hz, and wavelength of 532nm, double pulsed laser. Fluorescent Particles: Excitation wavelength: 530-555 nm; Emission Wavelength: 580-630 nm  The new micro-flow system should be compatible with the existing LaVision Inc's PIV hardware, which includes a controller box to synchronize the camera and laser with the LaVision acquisition software  Camera  Imager Pro X 2MP CCD  Sensor Size: 12.2 x 9 mm(2)  Pixel Size: 7.4 x 7.4 um(2)  Lens Mount: C-mount (with optional F-mount)  Frame Rate: 29 frames/s  Camera Head Size: 84x66x175 mm(3) • Microscope technical characteristics  Inverted epi-fluorescent microscope with capabilities for Brightfield illumination (including binocular tube for eyepiece viewing, 100W halogen illumination, and appropriate condenser for long distance objective lenses) and laser coupling with external laser source  Microscope fluorescent filter cube appropriate for FDA laser illumination and fluorescent particles. FDA Laser: SOLO Objectives should all be specific for fluorescence (i.e. Flour correction) and brightfield microscopy, have color corrections (i.e. Chroma correction) have flatness of field correction (i.e. PLAN-correction), and capability for long distance focusing through plastic or glass that is 0.17-1.5 mm thick. The microscope should have 4 dry objective lenses: 10x, 20x, 40x, 60-63x with high numerical apertures  One camera port to interface a C-mount (or F-mount) camera that includes a Camera adapter that will focus the image onto the CCD camera sensor (size of sensor is 9mm x 12 mm)  A microscope stage, mounting frame and object guide (or universal adjustable holder for microscope slides and specimen as well) for manual manipulation of model  X,Y,Z motorized microscope stage for automated stage manipulation. • Coupling Systems Salient Characteristics  The system should contain a Fiber Optic Beam Delivery bundle or a liquid light guide that is at least 2 m long  Fiber Optic (or Laser guide) Laser Coupling- The coupling system should smoothly transfer the laser beam from the Solo III (or SOLO I) NDd_YAG [11-15 Hz] laser head to the fiber bundle or the liquid light guide. The coupling system should handle laser energy in excess of 100 mJ  Fiber Optic (or Laser Guide) Microscopic Coupling - The system should be capable of coupling the fiber bundle or the laser guide to an inverted epi-fluorescent microscope (specifications above) that is part of the micro-flow analysis system  The system should contain a coupling method to connect a CCD camera (Imager Pro X 2 MP camera) to the microscope  The system should also contain the following accessories  Fluorescent Seed Particles - PSL, 540 nm excitation,625 nm emission, 2 microns  Fluorescent Seed Particles - PSL, 540 nm excitation, 625 nm emission, 0.5 microns • Installation Criteria  Install micro-flow system and ensure that the system is synchronized perfectly with the existing LaVision PIV system (both hardware and software  Demonstrate the use of the system using a microchannel flow model which will be supplied by the vendor's facility  Training: On-site familiarization training for multiple users. This 2-day training session will take place at the FDA location and will be attended by 6 FDA employees • Warranty: One year warranty with additional optional service maintenance for the next 4 years. The Warranty/Service Maintenance Agreement shall include the following: 1. One (1) preventative maintenance inspection shall be performed during the 12 month period with all travel, labor and parts included. This inspection shall include routine preventative maintenance of the instrument, calibration, electrical safety testing and any other preventative maintenance measures deemed necessary by the vendor. Worn items shall be replaced at no additional cost. 2. All software updates to the instrument and/or system software and related installation of such instrument updates and/or system software during the Agreement Term. 3. Unlimited telephone support during regular business hours (8:00 AM-4:30 PM, Eastern Time) for instrument and applications at no additional charge. 4. Trouble shooting capabilities based on complete knowledge of the entire instrument. 5. For the on-site visit, the contractor shall assess the scientific equipment and determine if the repairs needed to the scientific equipment are covered under the current service maintenance agreement. ALL repairs shall be covered under the service. Turnaround time from the emergency on-site visit to completion of repairs shall not exceed 96 hours. Turnaround time from a non-emergency on-site visit to completion of repairs shall not exceed 148 hours 6. Service must be provided by service engineers who are trained and certified by the original manufacturer of this instrument. Service engineers shall have access to the manufacturer's latest technical developments, repair procedures, application updates, and diagnostic software and planned maintenance procedures. 7. Immediate access to improvements and new procedures provided by the original vendor and manufacturer. 8. Immediate access to certified parts. 9. One year warranty on parts and labor. 10. Upon the on-site visit, the contractor shall assess the scientific equipment and determine if the repairs needed to the scientific equipment are covered under the current service maintenance agreement. If the repairs are not covered under the service maintenance agreement, the contractor shall submit a quote to the Government for review and approval or negotiation, which shall include travel costs, parts costs and labor costs. Turnaround time from the emergency on-site visit to completion of repairs shall not exceed 96 hours. Turnaround time from a non-emergency on-site visit to completion of repairs shall not exceed 148 hours.  For repairs up to $2,500, not covered by the Maintenance/Support Agreement, the Government shall pay the vendor (with proper Government approvals) with a Government Purchase Card  For repairs over $2,500, not covered by the Maintenance/Support Agreement, the Government will issue a Purchase Order for the repairs  repair work that is not covered by the Maintenance/Support Agreement is not to be initiated by the vendor unless the Government has given the vendor proper authorization 11. All maintenance and repair work activities shall be accomplished with reliable formally trained and certified technicians/engineers following Original Equipment Manufacturer (OEM) specifications, manuals, and service bulletins, using OEM replacement parts, components, subassemblies, etc. The certified technicians/engineers must be Bio-safety Level 2 qualified 12. Service Records and Reports: The vendor shall, commensurate with the completion of each service call, provide the end user of the equipment with a copy of the field service/report ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed descriptions of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for informational purposes, onsite hours expended and parts/components replaced. In addition, the vendor shall provide monthly reports to the FDA COR and Contract Specialist, not later that the 5th workday following the end of each month, summarizing all maintenance and repair activities for the previous month; negative reports are required. PART 4 - INSPECTION AND ACCEPTANCE The Contracting Officer's Representative (COR) will perform inspection and acceptance of the service maintenance services and if necessary, the repair services to be provided. 4.1. For the purpose of this PART, (TBD) is the authorized representative of the Contracting Officer. 4.2. Inspection and acceptance will be performed at the location identified in 5.2. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or COR within 30 days of receipt. 4.3. This contract incorporates the following clause, 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) by reference, with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make its full text available. Anticipated Period Of Performance • Delivery, Installation, and Training: 90 days after award or approx. date: 11/30/2015 • Warranty Period: 11/30/2015-11/29/2016 • Option Year 1, Service Maintenance Agreement: 11/30/2016-11/29/2017 • Option Year 2, Service Maintenance Agreement: 11/30/2017-11/29/2018 • Option Year 3, Service Maintenance Agreement: 11/30/2018-11/29/2019 • Option Year 4, Service Maintenance Agreement: 11/30/2019-11/29/2020 PART 5 - CONTRACT ADMINISTRATION DATA 5.1CONTRACTING OFFICERS REPRESENTATIVE (COR) The following COR will represent the Government for the purpose of this contract: TBD The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. 5.1.1 The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the RFQ; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. 5.1.2 The contact information for the Contracting Officer: Gina Jackson 5630 Fishers Lane Rockville, MD 20857 Gina.Jackson@fda.hhs.gov Tel: (240)-402-7590 5.1.3 The contact information for the Contracting Specialist is: Howard S. Yablon 5630 Fishers Lane Rockville, MD 20857 Howard.Yablon@fda.hhs.gov Tel: (240)-402-7630 5.2 INVOICE SUBMISSION FDA Invoice Requirements: 3-Way Invoicing INVOICES SUBMITTED UNDER THIS CONTRACT MUST COMPLY WITH THE REQUIREMENTS SET FORTH IN FAR CLAUSES 52.232-25 (PROMPT PAYMENT) AND 52.232-33 (PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION) AND/OR OTHER APPLICABLE FAR CLAUSES SPECIFIED HEREIN. TO CONSTITUTE A PROPER INVOICE, THE INVOICE MUST BE SUBMITTED ON COMPANY LETTERHEAD AND INCLUDE EACH OF THE FOLLOWING: (I) NAME AND ADDRESS OF THE CONTRACTOR; (II) INVOICE DATE AND INVOICE NUMBER; (III) PURCHASE ORDER/AWARD NUMBER; (IV) DESCRIPTION, QUANTITY, UNIT OF MEASURE, UNIT PRICE, AND EXTENDED PRICE SUPPLIES DELIVERED OR SERVICES PERFORMED, INCLUDING: (a) PERIOD OF PERFORMANCE FOR WHICH COSTS ARE CLAIMED; (b) ITEMIZED TRAVEL COSTS, INCLUDING ORIGIN AND DESTINATION; (c) ANY OTHER SUPPORTING INFORMATION NECESSARY TO CLARIFY QUESTIONABLE EXPENDITURES; (V) SHIPPING NUMBER AND DATE OF SHIPMENT, INCLUDING THE BILL OF LADING NUMBER AND WEIGHT OF SHIPMENT IF SHIPPED ON GOVERNMENT BILL OF LADING; (VI) TERMS OF ANY DISCOUNT FOR PROMPT PAYMENT OFFERED; (VII) NAME AND ADDRESS OF OFFICIAL TO WHOM PAYMENT IS TO BE SENT (MUST BE THE SAME AS THAT IN THE PURCHASE ORDER/AWARD, OR IN A PROPER NOTICE OF ASSIGNMENT); (VIII) NAME, TITLE, AND PHONE NUMBER OF PERSON TO NOTIFY IN EVENT OF DEFECTIVE INVOICE; (IX) TAXPAYER IDENTIFICATION NUMBER (TIN); (X) ELECTRONIC FUNDS TRANSFER (EFT) BANKING INFORMATION, INCLUDING ROUTING TRANSIT NUMBEROF THE FINANCIAL INSTITUTIONRECEIVIN PAYMENT AND THE NUMBER OF THE ACCOUNT INTO WHICH FUNDS ARE TO BE DEPOSITED; (XI) NAME AND TELEPHONE NUMBER OF THE FDA CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR) OR OTHER PROGRAM CENTER/OFFICE POINT OF CONTACT, AS REFERENCED ON THE PURCHASE ORDER; (XII) ANY OTHER INFORMATION OR DOCUMENTATION REQUIRED BY THE PURCHASE ORDER/AWARD. (XIII) CONTRACTOR IS □ IS NOT □ REQUIRED TO ATTACH AN INVOICE LOG ADDENDUM TO EACH INVOICE WHICH SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING INFORMATION FOR CONTRACT ADMINISTRATION AND RECONCILIATION PURPOSES: (a) LIST OF ALL INVOICES SUBMITTED TO DATE UNDER THE SUBJECT AWARD, INCLUDING THE FOLLOWING: (1) INVOICE NUMBER, AMOUNT, & DATE SUBMITTED (2) CORRESONDING PAYMENT AMOUNT & DATE RECEIVED (b) TOTAL AMOUNT OF ALL PAYMENTS RECEIVED TO DATE UNDER THE SUBJECT CONTRACT OR ORDER (c) AND, FOR DEFINITIZED CONTRACTS OR ORDERS ONLY, TOTAL ESTIMATED AMOUNTS YET TO BE INVOICED FOR THE CURRENT, ACTIVE PERIOD OF PERFORMANCE C. AN ELECTRONIC INVOICE IS ACCEPTABLE IF SUBMITTED IN ADOBE ACROBAT (PDF) FORMAT. ALL ITEMS LISTED IN (I) THROUGH (XII) OF THIS CLAUSE MUST BE INCLUDED IN THE ELECTRONIC INVOICE. ELECTRONIC INVOICES MUST BE ON COMPANY LETTERHEAD AND MUST CONTAIN NO INK CHANGES AND BE LEGIBLE FOR PRINTING. [AMEND/DELETE, AS NECESSARY] D. QUESTIONS REGARDING INVOICE PAYMENTS SHOULD BE DIRECTED TO THE FDA PAYMENT OFFICE AT: Food and Drug Administration/ Office of Financial Services, 10903 New Hampshire Ave WO32 - Second Floor, MAIL HUB 2145 Silver Spring, MD 20993-0002 Attn: Vendor Payments Phone 301-827-ERIC (3742) FDAVENDORPAYMENTSTEAM@FDA.GOV PART 6- HHSAR AND FAR CLAUSES 6.1 HHSAR CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, noted in Title 48, Federal Acquisition Regulations System, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: http://farsite.hill.af.mil/VFHHSARA.HTM. HHSAR Clause Description Date 352.201-70 Paperwork Reduction Act Jan 2006 352.222-70 Contractor Cooperation in Equal Employment Jan 2010 Opportunity Investigations 352.227-70 Publications and Publicity Jan 2006 6.2 FAR Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one of more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://www.arnet.gov FAR Clause Description Date 52.212-1 Instructions To Offerors - Commercial items (April 2014) 52.212-2 Evaluation -- Commercial Items (Jan 1999) 52.212-4 Contract Terms and Conditions - Commercial Items (May 2014) FAR CLAUSES BY FULL TEXT 52.217-5 Evaluation of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). 52.217-8 -- Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 (Ten) days, within which the Contracting Officer may exercise the option]. 52.217-9 Option to Extend the term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice anytime prior to contract expiration. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. 52.211-6 Brand Name or Equal (1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) x__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2014) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _x_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _x_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _x_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _x_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). _x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _x_ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). _x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (33) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _x_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (40) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (41)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (42) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x_ (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _x_ (49) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (50) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _x_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). __ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to s) atisfy its contractual obligations. (End of clause PART 7 - SPECIAL CONTRACT REQUIREMENTS Government Holidays Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather. January (New Year's Day) January (Martin Luther King Day) February (President's Day) May (Memorial Day) July (Independence Day) September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving) December (Christmas Day) PART 8- INSTRUCTIONS TO THE OFFERORS 8.1: CONTRACT TYPE: COMMERCIAL ITEMS-FIRM FIXED PRICE 8.2: EVALUATION AWARD CRITERIA: THE GOVERNMENT WILL AWARD THIS CONTRACT TO THE LOWEST PRICED TECHNICALLY ACCEPTABLE QUOTE.  PRICE QUOTES SHALL BE FOB DESTINATION INCLUSIVE OF SHIPPING, HANDLING, DELIVERY, INSTALLATION AND ON-SITE FAMILIARIZATION TRAINING  OFFEROR SHALL COMPLETE PART 2 OF THIS SOLICITATION (PRICE COST SHEET) CLIN # 0001-0005 AND TOTAL CONTRACT VALUE. PRICE QUOTES FOR ALL THE CLINS MUST BE SUBMITTED TO BE ELIGIBLE FOR AWARD (ALL OR NONE).  THE GOVERNMENT IS NOT RESPONSIBLE FOR LOCATING OR SECURING ANY INFORMATION WHICH IS NOT IDENTIFIED IN THE PROPOSAL. TO ENSURE INFORMATION IS AVAILABLE, OFFERORS SHALL FURNISH AS PART OF THEIR QUOTE, ALL DESCRIPTIVE MATERIAL NECESSARY FOR THE GOVERNMENT TO UNEQUIVOCALLY DETERMINE THE SCIENTIFIC INSTRUMENT OFFERED MEETS THE TECHNICAL REQUIREMENTS  To be considered for award, quotes of "equal" products including "equal products of the brand name manufacturer, must meet the salient physical, functional or performance characteristics as specified in this RFQ;  Clearly identify the item by brand name, if any; and make or model number.  "Equal" quotes must include a narrative describing how the quote meets each salient characteristic as well as a demonstration (documentation) of how each salient characteristic is met. 8.3: PERIOD OF ACCEPTANCE OF OFFERS: THE OFFEROR AGREES TO HOLD THE PRICES IN ITS OFFER FIRM SEPT. 30, 2015. RESPONSE DATES: Quotes Due Date: All quotes shall be submitted via email Howard.Yablon@fda.hhs.gov by 1:00 PM EASTERN TIME on Tuesday, Sept. 02, 2015..
 

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Record

SN03852801-W 20150826/150824235756-e0a788f3e719d5c8cae7b51146c9cd89 (fbodaily.com)
 

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